DPDP Act: Centre Clarifies Consent for PwDs and Defines 'Data Audit' for Significant Data Fiduciaries
- Statutes
- Digital Personal Data Protection Act, 2023
- Source
- SCC Times
The Central Government, via the Digital Personal Data Protection (Removal of Difficulties) Order, 2026, has clarified that consent for persons with disabilities under the DPDP Act, 2023, must be obtained in an accessible format. It also specified that periodic audits for Significant Data Fiduciaries are 'data audits', enhancing compliance clarity.
Ratio Decidendi · Legal Principle Established
The 'Removal of Difficulties' Order clarifies statutory provisions to ensure effective implementation of the Digital Personal Data Protection Act, 2023, particularly regarding accessible consent mechanisms for persons with disabilities and the scope of mandatory audits for Significant Data Fiduciaries.
Practice & Procedural Impact for Advocates
Advocates must advise data fiduciaries to implement accessible consent mechanisms for persons with disabilities. Litigants who are Significant Data Fiduciaries should prepare for 'data audits' specifically, ensuring their data processing activities are compliant and verifiable.
Key Legal Takeaways
- 1Consent for persons with disabilities must be in an accessible format under DPDP Act.
- 2Periodic audits for Significant Data Fiduciaries are explicitly 'data audits'.
- 3The Order aims to remove ambiguities in the DPDP Act's implementation.
The Legal Issue
The Digital Personal Data Protection Act, 2023 (DPDP Act) introduced a comprehensive framework for personal data protection in India. However, certain aspects, particularly concerning consent mechanisms for vulnerable groups and the nature of mandatory audits for specific entities, presented potential ambiguities in implementation. The Central Government identified these areas as requiring clarification to ensure smooth and effective operation of the Act.
Court's Reasoning
While this is not a judicial decision but an executive order, the rationale behind the Digital Personal Data Protection (Removal of Difficulties) Order, 2026, is to address practical challenges in the application of the DPDP Act. The Order clarifies two key areas: firstly, it mandates that consent for persons with disabilities must be obtained in an accessible format, ensuring their effective participation and protection under the Act. Secondly, it specifies that the 'periodic audits' required for Significant Data Fiduciaries are to be understood as 'data audits', thereby defining the scope and nature of these compliance checks. This clarification is crucial for both data fiduciaries and the regulatory authority in understanding their respective obligations and oversight functions.
Why It Matters
This 'Removal of Difficulties' Order is significant for all entities processing personal data in India, especially for Significant Data Fiduciaries and those dealing with data of persons with disabilities. For data fiduciaries, it provides clear guidance on compliance requirements, reducing uncertainty and potential non-compliance risks. For persons with disabilities, it reinforces their right to informed consent through accessible means, aligning with broader principles of inclusivity. Advocates should update their compliance advice to reflect these clarifications, ensuring clients adopt appropriate consent mechanisms and prepare for data-specific audits. This Order underscores the government's commitment to refining the DPDP Act's implementation to achieve its intended objectives effectively.